Shopkeepers - mop your floors!
The onus is on shopkeepers to have a prompt and efficient cleaning system if they want to avoid claims of negligence.
In Checkers Supermarket v Lindsay, a Supreme Court of Appeals judgment delivered on 27 March 2009, the facts were that Lindsay had entered the Shoprite Checkers supermarket situated at St John's Avenue in Pine Town KwaZulu Natal to make some purchases. Having selected her purchases and as she walked past a fruit gondola she slipped on an oily patch on the floor and fell injuring herself. She sued Shoprite Checkers alleging that it had been negligent in not keeping the supermarket floor free of dangerous slippages.
The Supreme Court of Appeal found that Shoprite Checkers was negligent as it did not have an adequate and efficient cleaning system in relation to discovering and removing dangerous slippages whenever they occurred, to safeguard persons who frequented the supermarket from harm.
This ruling, which sets the precedent, makes it clear the onus is on shopkeepers to have a prompt and efficient cleaning system if they want to avoid claims of negligence.
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